MONTANA STATE HEMP PLAN 

January 3, 2023 

TABLE OF CONTENTS page 

1. Authority 2 

2. Definitions 2 

3. Licensing 5 

4. Reporting Requirements 7 

5. Inspections and Sampling 8 

5.1 Performance Based Sampling Plan 9 

6. Laboratory Testing 11 

7. Fees 12 

8. Transportation 13 

9. Requirements for the Sale of Live Hemp Plants 13 

10. Enforcement 14 

10.1 Corrective Action Plans 16 

10.2 Disposal and Remediation of Hemp 16 

11. Research Institutions - Licensing, Inspection and Sampling 19 

12. Appendices 

Appendix A - Hemp Sampling Guidance 21 

Appendix B - 2022 Seed/Clone Variety List 28 

Appendix C - Sampling Decision Flowchart 29 

Appendix D - Montana Hemp Total THC Test Data 30 

Appendix E - Corrective Action Plan Options Summary 34 

Appendix F - Application and Reporting forms 

F1 - Hemp License Application (Stage 1) 36 

F2 - Hemp Planting Report (Stage 2) 37 

F3 - Hemp Planting Permit certificate 39 

F4 - Hemp Production License certificate 40 

F5 - Annual Hemp Harvest/Disposal Report 41 

F6 - Hemp Sample THC Analysis Lab Report 42 

F7 - Witness Statement 43 

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1. Authority 

Title 80, Chapter 18, Sections 101 - 111, Montana Code Annotated (MCA), the Administrative 

Rules of Montana (ARM), Chapter 4.19.101 - 202, and the Agriculture Improvement Act (Farm 

Bill) of 2018. This authority does not extend to hemp grown within the boundaries of the 

reservations located in Montana: 

• Blackfeet Tribe of the Blackfeet Reservation 

• Chippewa Cree Tribe of the Rocky Boy's Reservation 

• Confederated Salish & Kootenai Tribes of the Flathead Reservation 

• Crow Tribe of the Crow Reservation 

• Fort Belknap Tribes of the Fort Belknap Reservation 

• Fort Peck Tribes of the Fort Peck Reservation 

• Little Shell Chippewa Tribe 

• Northern Cheyenne Tribe of the Northern Cheyenne Reservation 

2. Definitions 

1. Acceptable Hemp THC Level: the application of the measurement of uncertainty to the 

reported total delta-9 tetrahydrocannabinol (THC) content concentration level on a dry 

weight basis producing a distribution or range that includes 0.3 percent or less. 

2. AOSCA: The Association of Official Seed Certifying Agencies is an organization of agencies that 

provide internationally recognized seed certification. 

3. Certified: as it relates to certification of seed, certification from AOSCA, OECD or another 

department recognized official certifying agency that the variety of hemp is true to its genetic 

traits and testing has been completed to determine compliance in regard to THC levels. 

4. Corrective Action Plan: a plan proposed by a licensed hemp producer and approved by the 

department to correct a negligent violation of or noncompliance with a United States 

Department of Agriculture (USDA) approved state hemp production plan, Montana Statutes, 

or any other provision of this chapter. This may include a similar USDA approved tribal 

document from a Montana based Tribal Government. 

5. Crop: a group of plants or Lots in a similar stage of growth that will be harvested within the 

same allowed time-frame period (e.g., 3 weeks). Plants or Lots that cannot be sampled 

(relative to harvest) at the same time as other plants or Lots would be considered a separate 

crop. 

6. Culpable mental state greater than negligence: to act intentionally, knowingly, willfully, or 

recklessly. 

7. Department: the Montana Department of Agriculture 

8. Destruction: means the same as disposal. 

9. Disposal: an activity that transitions the non-compliant product into a non-retrievable or noningestible form. 

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10. Entity: means any individual, partnership, joint venture, cooperative, cooperation, or other 

business arrangement. 

11. Field: a contiguous area not separated by any fence, drainage, road, or waterway, regardless 

of Township, Range or Section. 

12. Harvest: when the hemp plant is cut and no longer growing. 

13. Harvest Window: a period of time allowed for harvest after an official sample is collected. 

14. Hemp Fiber Crop: hemp genetically selected to be densely planted, grown, and harvested to 

solely produce hemp fiber and hurd from the hemp stalk and marketed as such, containing 

less than 0.3% THC in any saleable product. 

15. Hemp Greens: hemp leaves from immature plants germinated from seed and the plants are 

no more than ten (10) inches tall and are not flowering. 

16. Hemp Microgreens: immature hemp seedlings for human consumption that are cut-off above 

the soil or substrate line and harvested prior to flowering and not more than 14 days after 

germination. Hemp microgreens are typically between two (2) and three (3) inches in height, 

but not taller than five (5) inches. Microgreens are considered to have no THC. 

17. Hemp Mother Plants: a hemp stock plant used as a source of cuttings or graft material; grown 

primarily for the purpose of producing genetic clones. 

18. Hemp Transplants: hemp seedlings, rooted cuttings, immature plants produced from tissue 

culture, or other means of reproduction, which are not harvested but transplanted into a 

large container or field to mature for harvest. The movement of transplants from their 

original location to the crop production location is not considered a harvest. 

19. Hemp Variety Category A: varieties formally approved by the department, produced from 

“certified” seed, and previously grown in Montana with a compliancy rating of 80% with a 

minimum of 5 official samples testing not greater than the Acceptable Hemp THC Level. 

20. Hemp Variety Category B: varieties produced from “certified” seed, not previously grown in 

Montana, and approved by other states or countries at a level equivalent to the department’s 

standard. 

21. Hemp Variety Category C: all other hemp varieties that an applicant reasonably believes will 

not produce a plant over the Acceptable Hemp THC Level at any time prior to harvest and are 

not in Category D. 

22. Hemp Variety Category D: includes all varieties forbidden by any federal law or regulation or 

added by rule by the Department because of its inability to consistently produce hemp. 

23. Indoor Grow: hemp plants started, grown, and harvested inside a structure, whether under 

natural light or using artificial light conditions to manipulate the flowering stage of hemp. 

24. Key Participant: a person or persons who have a direct or indirect financial interest in the 

entity producing hemp, such as an owner or partner in a partnership. A key participant also 

includes a person in a corporate entity at executive levels including the chief executive officer, 

chief operating officer, and chief financial officer. This does not include other management 

positions like farm, field, or shift managers. 

25. Lot: a contiguous or immediate adjoining area of a field or fields, greenhouse, or indoor 

growing structure containing the same variety or strain of hemp throughout and having a postUSDA-Montana State Hemp Plan Page 3 of 43 V 1/3/2023 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

sampling harvest window of the allowed timeframe. Lots must be tracked by the producer 

from planting through harvest and until the plant is no longer in a raw, unaltered state. 

26. Lot Number: the official Lot Number as assigned by FSA and recorded by the department, 

whether the producer has a separate Lot Number or not. If applicable, the producer’s Lot ID 

may change after harvest as long as it is traceable to the previous Lot ID. 

27. Measurement of Uncertainty (MU): the range of a measurement, that characterizes the 

dispersion of the values that could reasonably be attributed to the particular quantity subject 

to measurement. 

28. OECD: The Organization for Economic Cooperation and Development Seed Schemes are rules 

used by 58 participating countries to certify and label seed for varietal purity for international 

movement. 

29. Official sample: a composite, representative sample of hemp plants or plant parts from a 

designated Lot collected in accordance with official procedures. 

30. Outdoor Grow: hemp plants grown and harvested outside under natural light conditions; for 

the purpose of reporting, this includes plants started under greenhouse conditions and 

transplanted to outdoor conditions. 

31. Post-Harvest Sample: a sample collected of raw hemp plant material in a homogenous form 

(e.g., biomass, flowers, intact-plant, root, etc.) from a specific Lot after harvest and prior to 

processing. 

32. Pre-Harvest Sample: a sample collected from hemp plants before harvest from the recorded 

growing location of the whole plant or plant parts. 

33. Processing: heating, mixing, grinding, separating, extracting, cutting, freezing, or otherwise 

physically or chemically altering hemp plants or plant parts from a raw, unaltered state after 

harvest. 

34. Remediation: the process of rendering non-compliant cannabis plants or plant parts 

compliant. 

35. Remediation Plan: a plan proposed by a licensed hemp producer and approved by the 

department to remediate non-compliant hemp plants greater than 0.3% Total THC but not 

greater than 2.0% to compliant hemp, see Enforcement section for details. 

36. Research Institution: an accredited institution of higher learning, or a research facility that 

conducts scientific research on hemp, or any licensed person growing hemp for research 

purposes, and when none of the hemp is intended for commerce. 

37. Sampling Window: a period of time prior to harvest when official samples are collected. 

38. Split Sample: one of two equivalent portions of a whole composite sample identified as such 

with the same information as the official sample, collected at the same time in the same 

manner and randomly divided after the composite is collected. 

39. Strain: a term used to differentiate cultivars of Cannabis that have not formally been classified 

as a variety. 

40. Sub-sample: consists of a bud(s) or other plant part(s) selected randomly from a single plant 

to form the composite sample. 

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41. Total THC: the value determined after the process of decarboxylation, or the application of a 

conversion factor if the testing methodology does not include decarboxylation, that expresses 

the potential total delta-9 tetrahydrocannabinol (THC) content derived from the sum of the 

THC and THCA content and reported on a dry weight basis. This post-decarboxylation value of 

THC can be calculated by using a chromatograph technique using heat, such as gas 

chromatography, through which THCA is converted from its acid form to its neutral form, 

THC. Thus, this test calculates the total potential THC in a given sample. The total THC can 

also be calculated by using a liquid chromatograph technique, which keeps the THCA intact. 

This technique requires the use of the following conversion: [Total THC = (0.877 x THCA) + 

THC] which calculates the potential total THC in a given sample. Delta-8 will be considered for 

this purpose to be the same as Delta-9. 

42. Variety: a taxonomic category that ranks below subspecies (where present) or species, its 

members differing from others of the same subspecies or species in minor but permanent or 

heritable characteristics. 

3. Licensing 

An individual growing hemp shall apply to the department for a license on a form prescribed by 

the department. The hemp license application period is January through May 30. Licenses are 

issued on an annual basis and are valid until December 31 of the issuance year. The license 

number format is the ANSI/FIPS State Code, followed by a 4-digit sequential license number and 

the year of issuance (e.g., 30-0001-22). The application must be legible, complete, and include all 

required documentation and fees to obtain a license. To avoid a late fee, the application must be 

postmarked prior to the deadline of May 30. Licenses cannot be assigned or transferred. Any 

growing plant that is not harvested during the license period in which it was planted must be 

destroyed unless the license has been renewed. Any volunteer hemp plants growing in 

subsequent years must be destroyed or a licensee may register that grow location and cultivate 

and harvest the volunteer plants if they obtain permission from the department and pay fees 

associated with registering the grow location. The licensee must also update the location 

information with the USDA Farm Service Agency (FSA). 

The department issues hemp licenses in two (2) progressive stages. Upon approval of the initial 

Hemp License Application (see Appendix F1), eligible applicants will be issued a Planting Permit 

(see Appendix F3) so they may purchase seed or live plants and seed or transplant hemp. To 

receive full licensure, the applicant must submit a Hemp Planting Report (see Appendix F2) 

confirming information about the planted crop. Successful candidates will be issued the second 

stage Production License (see Appendix F4). The Production License allows for the production, 

harvest, transportation, and sale of compliant hemp, including the processing of compliant hemp 

grown under the license. The Production License lists the licensed entity and each registered 

variety and strain with its corresponding growing location. Any applicant that does not meet the 

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conditions of the Production License will forfeit their Planting Permit and the crop will require 

destruction. Harvesting hemp without a state issued Production license is a violation of state and 

federal law. 

License Application, Stage 1 

The initial stage license application requires: 

1. The applicant’s full name, both physical and mailing address, phone numbers and an email 

address; 

• If the applicant is a business, the Business License Number on file with the 

Montana Secretary of State’s (SOS) office must be provided as well as an EIN

number. A Business Name is only required if licensing as a registered business. 

2. the full name, title and contact information of each person defined as a Key Participant; 

3. for new applicants a copy of an FBI criminal history report for the applicant and each key 

participant associated with the operation; 

• Hemp program participation requires no prior convictions of felony charges 

related to a controlled substance in the previous 10 years. Verification of criminal 

history is required every 3 years. 

4. for each variety or strain requested to be permitted: 

• the name of the variety grown from certified seed or the common name of the 

strain, 

• the quantity of land area requested to be permitted, 

• the grow type (indoor or outdoor), 

• the name and license number of the seed or live plant provider, and 

o Seed providers must be licensed in Montana. Nurseries must be licensed in 

their resident state. Producers who purchase live plants must submit a copy of 

the provider’s resident state hemp license and verification of variety/strain

(nursery label, seed label or Certification of Analysis (COA)) and be aware of 

live plant importation requirements. 

• a seed label and/or a COA verifying the name and THC levels of the hemp; 

5. payment in full of the nonrefundable application fee; and, 

6. signature of the applicant acknowledging the requirements, conditions, risks, and 

permissions associated with growing hemp. 

License Application, Stage 2 

The second stage of the license application requires a Planting Report be submitted by the 

permitee within 4 weeks of each growing event (planting seeds, receiving starter-plants, or 

rooting of clones) that lists for each variety or strain*: 

1. FSA Lot ID (farm-tract-field-subfield) 

2. the name of the variety grown from certified seed or the common name of the strain, 

3. the quantity and units of land area planted (acres for outdoors or number of plants 

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indoors), 

4. the grow type (indoor or outdoor), 

5. estimated harvest period, 

6. primary market, 

7. latitude and longitude of the growing area (legal description of the land), 

8. physical county 

4. Reporting Requirements 

To maintain an annual hemp license, producers have specific reporting requirements: 

1. Each producer must keep all records related to the planting, growing, harvesting, storage, 

destruction, distribution, sale and/or processing of hemp, and make those records 

available for inspection for a minimum of three years. 

2. Producers are required to report any updates or changes related to the licensed entity 

and hemp plantings, including but not limited to contact information, variety, strain, 

location, and harvest dates. 

3. Each license holder is required to report their hemp license or authorization identifier in a 

format prescribed by USDA, their hemp growing location(s) including street address to the 

extent possible, and geospatial location, and acreage (or indoor square footage) of hemp 

planted, harvested and, if applicable, disposed or remediated to the FSA. Producers must 

maintain a record of the FSA assigned Lot Numbers and report to the department. 

FSA reporting requirements for hemp grown under a research license includes the 

following exceptions: 

• because the hemp crop will never be sold commercially, the acreage report is not 

required to be broken down by lots, and 

• if the field was planted over several days, the licensee will report the average planting 

date. 

4. Each license holder is responsible for contacting the department a minimum of 30 days 

prior to harvest to confirm actual harvest date and schedule a pre-harvest inspection. 

Crops harvested without notification of harvest, regardless of Category, are subject to 

destruction. Crops harvested later than the time allowed after official sampling are also 

subject to destruction. Crops that are not harvested within the time frame allowed after 

official samples are collected may result in additional sampling with the license holder 

being responsible for additional fees and a non-compliance. 

5. Each licensee must annually submit an Annual Hemp Harvest/Disposal Report (see 

Appendix F5) listing the harvest and/or disposal of any hemp grown by the licensee. The 

report must include: 

• FSA Assigned Lot Number, 

• Variety or strain, 

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• Total planted (i.e., number of acres or plants) 

• quantity not harvested, 

• total harvested, 

• quantity disposed for non-compliant THC 

• harvest date 

• yield (i.e., pounds /Lot) 

• intended use (i.e., CBD, fiber, grain, seed, propagative material) 

• Explanation of discrepancies (i.e., crop failure, poor germ, etc.) 

The department has specific (USDA Hemp Program) reporting requirements: 

1. The department will maintain and provide to USDA all required contact information of 

licensed entities, including their license number, the legal description of the land on which 

hemp is grown, the status of each license, and any changes to the information, as outlined 

in Subpart F - Section 990.70 on the first day of each month on USDA Form AMS-23. 

2. The department will submit a monthly report to USDA listing disposal and remediation 

information of cannabis that tested above the Acceptable Hemp THC Level on USDA Form 

AMS-24. This information would include the producer’s license number, Lot location 

information, including the geospatial location or other available land descriptor for the 

production area subject to disposal or remediation, tests results, method used for 

disposal or remediation, and the date when the disposal or remediation was completed. 

3. The department will annually submit no later than December 15 to the USDA the total 

acreage of hemp planted, harvested, and disposed on USDA Form AMS-25. 

4. The department will report hemp sample test results generated from samples tested by 

the department’s analytical lab to USDA using USDA’s new HeMP online platform. 

5. Inspections and Sampling 

All hemp producers are subject to a routine annual regulatory inspection to verify that hemp is 

not produced in violation of Montana’s Hemp Program. New producers and producers under a 

corrective action plan will always be inspected. The protocol for the sampling of hemp for 

compliance testing is outlined in the Hemp Sampling Guidance, see Appendix A. 

1. Hemp inspections are conducted to verify proper licensure, registration of hemp growing 

locations, record keeping and general program compliance. The collection of official hemp 

samples during an inspection will occur as required in Montana’s Performance Based 

Sampling Plan, see Section 5.1. 

2. Random annual audits may be conducted of license holders to verify compliance with 

state and federal regulations pertaining to hemp. These audits include but are not limited 

to verification for compliance of harvest date as it relates to sampling, harvest inventory 

and raw product entering commerce. 

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3. The license holder or an authorized representative is required to be present at the 

growing site during inspection unless the department is given a good reason for their 

inability to be present. The landowner on record can be an authorized representative if 

granted by the license holder. Authorization for entrance to, inspection of property and 

collection of hemp samples for testing is granted by signature of the licensee as a part of 

the licensing process. If neither the license holder or an authorized agent can be present 

during the inspection/sampling event, prior communications with the license holder will 

occur to assure both the licensee and the inspector are aware of the Lots to be sampled, 

the location of said Lots, and any other information pertinent to the inspection process. 

4. Inspectors will be provided with complete and unrestricted access at the designated 

inspection time or during normal governmental work hours to all hemp and other 

cannabis plants, whether growing or harvested, and all land, buildings, and other 

structures used for the cultivation, handling, and storage. 

5. Each licensee must notify the department with a confirmation of harvest date a minimum 

of 30 days prior to actual harvest so that an inspection can be scheduled for sampling 

purposes. Producers may not collect samples from their own growing facilities. 

6. Non-compliant Lots will be quarantined with the licensee investigated and subject to 

enforcement actions outlined in the State Plan. 

7. Harvested Lots must maintain their identity, not be commingled and be traceable until 

official results indicate the legality of the Lot. 

8. Hemp inspections and hemp sample collections will be conducted by full-time department 

staff (sampling agents) trained to the standard as established by USDA and the 

department. 

9. The department has established a standardized training, that includes the USDA online 

training class, for employees who inspect and sample hemp. All staff are required to 

receive the training prior to conducting hemp inspections and the sampling of hemp and 

to receive an annual update training. All information, qualifications and updates will be 

maintained by the department. 

10. If any allowance is made for third-party sampling agents, the department will ensure 

through a requirement and maintenance of record keeping that third-party sampling 

agents are certified to the USDA standard to collect hemp samples and that producers are 

not allowed to collect samples from their own growing facilities. The department will 

assure sampling agents are not employed by or related to licensed producers in which 

they sample. 

5.1 Performance Based Sampling Plan 

All hemp Lots are subject to sampling to verify the Acceptable Hemp THC Level is not exceeded. 

The department shall utilize both risk-based and random approaches to select licensees to be 

inspected and Lots to be sampled to meet the performance-based sampling goals. The 

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department shall sample the appropriate number of plants to ensure, at a confidence level of 

95%, that no more than 1% of the plants in the Lot would exceed the Acceptable Hemp THC 

Level. Risk determinations are based on seed certification standards and compliancy of varieties 

previously grown in Montana. 

Montana has established in Administrative Rules of Montana four separate categories (i.e., A, B, 

C and D) of hemp varieties and strains based on their status of seed certification and being 

previously grown in Montana. See the Category definitions in Section 2 of this Plan and the 

approved 2022 Seed/Clone Variety List in Appendix B. For a variety or strain to be upgraded, the 

department must receive a request from an interested party, and it must have a compliancy 

rating of 80% with a minimum of 5 official samples testing not greater than the Acceptable 

Hemp THC Level. A variety or strain may be removed or downgraded from the Category list if 

found to consistently produce hemp greater than 0.3% Total THC. Before any variety or strain is 

permitted to be grown in Montana, a review of its seed labeling (certification) and COA is 

completed to determine its Category. 

The department will prioritize sampling based on the Category, sampling 100% of all Category C 

strains planted, 20% of Category B varieties planted, and 10% of Category A varieties planted on 

an annual basis. Additionally, each variety that tests above the Acceptable Hemp THC Level with 

a compliancy rating less than 80% in the previous year and any new variety not previously grown 

in Montana will be sampled. 

Based on the previous three years of sampling data, Total THC test results (on a dry-weight 

basis) show a total non-compliance percentage of 22.1%. Non-compliance percentages by 

individual categories include Category A - 3.5%; Category B - 6.2% and Category C - 27.1%. Noncompliance and 2021 Lot size data by end-use is as follows: 

End-Use 

2022 Lot Size Total 

Number of 

Samples 

Number 

of 

Samples 

> 0.3% 

Percent 

Nonmin max avg Compliant 

CBD 50 plants 1,144 plants 530 plants 11 1 9 

Grain 1.05 ac 208.18 ac 42 ac 5 0 0 

Fiber (total) 3.2 ac 124.64 ac 25 ac 9 3 33.3 

Fiber - Category A/B 10 69.96 30 1 0 

Fiber - Category C 3.2 124.64 25 8 3 37.5 

Crops grown solely for the production of hemp fiber shall be verified as such within 30 days prior 

to harvest (i.e., cutting of the crop). If verified, a solely fiber crop will be sampled within three 

weeks prior to baling per its Category as outlined above. Hemp fiber crops that fail verification, 

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whether due to ineligibility of the crop or delayed verification request from the producer, must 

be sampled prior to harvest. 

For an illustration of the decision process for determining varieties and strains to sample, see 

the Sampling Decision Flowchart in Appendix C. 

See the full list of varieties and strains sampled in Montana beginning in 2019, including its 

current Category and test result data that supports the Performance Based Sampling Plan in 

Appendix D. 

Complaints of non-compliance will be investigated regardless of Category or past compliance 

and be inspected and sampled as necessary to determine compliance. 

6. Laboratory Testing 

The Montana State Hemp Program does not yet recognize or utilize third party testing of official 

hemp samples. The department administers the Montana State University Analytical Lab located 

in Bozeman, MT and utilizes it for official state hemp sample testing. The lab requires a minimum 

composite sample size of 40 grams to assure enough sample for retention in case of referee 

analysis and no more than 120 grams due to storage restrictions and destruction capabilities. 

The Montana State Hemp Program uses a post-decarboxylation testing methodology using liquid 

chromatography which includes the calculation of THCA for a measurement of Total Delta9-THC 

on a dry weight basis. 

• % Total Delta9-THC = %Delta9-THC + (%Delta9-THCA x 0.8772) 

For determining the Acceptable Hemp THC Level, the department uses its official Measurement 

of Uncertainty (MU) of 0.0453% in addition to the standard 0.3% Total THC level of concentration 

allowance. Example calculations are as follows: 

• Compliant: a result of 0.3503 +/- MU of 0.0453 

o range of 0.305 to 0.3956 (0.305 rounds to 0.30) 

• Violation: a result of 0.3504 +/- MU of 0.0453 

o range of 0.306 to 0.3957 (0.306 rounds to 0.31) 

Official laboratory results are reported to the producer with the official Hemp Sample THC 

Analysis Lab Report (see Appendix F6). 

The laboratory is a DEA-registered lab (License Number: RS0591506) in regard to cannabis 

testing, is accredited to ISO/IEC 17025 for the specific tests listed on A2LA Certificate Number 

2694.01 and is certified in forage analysis by NFTA. Formal chain of custody procedures are in 

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place and documented for each official sample by sampling agents and laboratory staff to ensure 

plant materials of sampled Lots are not commingled. 

Contact information for laboratory testing: 

Jona Verreth, Laboratory Bureau Chief 

McCall Hall, Montana State University 

PO Box 173620 

Bozeman, MT 59717-3620 

Phone: (406) 577-7918 

E-mail: JVerreth@mt.gov 

7. Fees 

The fees collected must be commensurate with operating the program. All fees must be 

deposited to the credit of the state special revenue fund for use by the department for 

administering and enforcing the program. The Montana State Legislature does not provide 

additional funding for the operation of the state hemp program. Current fees include: 

Licensees who plant only Category A or B varieties are required to pay the $850 fee. The initial 

inspection fee and the first sample testing fee is waived. 

Licensees who plant a Category C strain are required to pay the $1,100 fee. This fee includes the 

initial inspection and testing of the first Category C sample. 

An additional $250 inspection/sampling fee will be required for each additional inspection and an 

additional $250 testing fee will be required for each additional sample tested. 

Regardless of Category planted, producers who request sampling (e.g., insurance claim) will be 

charged the standard $250 inspection fee and the standard $250 testing fee. 

The department may assess a processing fee of $100 for any late or incomplete documentation 

associated with the licensing process and a change fee of $50 for a request for each new 

variety/strain or location associated with a previously processed license application. 

The fees for additional inspections and samples tested will be invoiced to each license holder 

after testing is completed. Invoices are due upon receipt. An unpaid balance of more than 30 

days is subject to a $100 late fee. 

Non-payment may result in ineligibility of future licensure. Per ARM 4.19.104, the Director may 

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waive all or part of any of these fees if there is sufficient money to perform the regulations of the 

hemp act without them. Fees do not currently cover all the costs of the program. The 

department may have to address this through staffing or fee changes. 

8. Transportation 

Any intrastate transportation of raw hemp should include a copy of the producer’s hemp license. 

Transportation of raw hemp that includes flowers must also include a copy of an official lab 

report showing the hemp is compliant. Non-compliant raw hemp being transported for disposal 

or remediation must include a copy of the Corrective Action Plan demonstrating an agreement 

between the license holder and the department and/or the processor designated in the plan. 

Transportation of processed hemp (e.g., distillate, isolate) should include a copy of the producer’s 

hemp license and a copy of the Montana Processor’s license. Transportation of hemp crude 

should include transportation documents provided by the department. 

Transportation of hemp originating outside of Montana into Montana should include a copy of 

the license holder’s hemp license from an approved state or federally approved plan and a bill of 

lading showing destination of a person allowed to receive hemp. 

9. Requirements for the Sale of Live Hemp Plants 

1. The seller must have a current hemp license; 

2. the seller must have a current nursery license; and, 

3. the seller must verify the buyer has a current hemp license: 

• The seller will need to review the hemp license list on the department's website 

and record the buyer's license number on the invoice. A sale may not be made to 

an individual not listed on the department's licensee list, 

• the seller must record and maintain a listing of each sale along with the buyer's 

name, address, and hemp license number for a period of three years, and 

• the seller must inform the buyer to notify the department of the purchase so the 

buyer can update their Lot inventory. 

4. The department may audit the seller’s records and randomly select a percentage of sales 

to verify hemp plants were sold only to licensed producers. 

5. In the event these conditions cannot be met, an appeal may be made to the Department 

Director outlining the reasons for why an exception or equivalency should be granted. 

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10. Enforcement 

Any Lot of hemp that tests above the Acceptable Hemp THC Level from an official sample is noncompliant and must be either properly disposed of or remediated according to department 

procedures. Each violation of Montana’s Hemp Plan will be recorded as a violation against the 

license holder and may be considered a separate offense. For any violation of state or federal 

regulations regarding hemp, the department has the responsibility to determine whether the 

violation will be treated as a non-compliance, negligent or culpable mental state greater than 

negligence. 

In determining violations, the department will consider the nature of the violation, the outcome 

of the violation, and any harm, financial or health related, resulting from the violation. The 

department will weigh and consider the standard of care that a reasonably prudent person would 

have exercised in a similar situation when determining whether a violation was committed with a 

culpable mental state greater than negligence and assigning penalties. Such violations may be 

subject to other state, tribal or federal regulatory action. 

Any persons who materially falsify any information in their application shall be ineligible to 

participate in the program. 

Per federal regulations, a maximum of one strike per calendar year can be issued for one or more 

negligent violations to an entity who violates state or federal hemp program regulations. A 

person with a state or federal felony conviction relating to a controlled substance is subject to a 

10-year ineligibility restriction on producing hemp under the Agricultural Marketing Act of 1946. 

An exception applies to a person who was lawfully growing hemp under the 2014 Farm Bill before 

December 20, 2018, and whose conviction also occurred before that date. 

Non-Compliance 

Hemp testing above the Acceptable Hemp THC Level and not greater than 1.0% Total THC, or the 

negligence threshold defined by USDA, whichever is greater, from an official sample, is 

considered a violation categorized as a Non-Compliance. A Corrective Action Plan must be 

provided by the license holder and approved by the department to correct the violation. 

A Non-Compliance that is not corrected will result in a Negligent violation. A Negligent violation 

may also be recorded for every five Non-Compliances issued. A Non-Compliance will not be 

subject to criminal enforcement action by the federal, tribal, state, or local government. 

See Sections 10.1 and 10.2 for more detail and options related to a Non-Compliance. See the 

Corrective Action Plan Options Summary in Appendix E for a summary of actions, options and 

enforcement procedures related to official test results. 

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Negligent Violations 

A Corrective Action Plan must be provided by the license holder and approved by the department 

to correct the violation. Violations that may be considered as Negligent include, but are not 

limited to: 

• failure to obtain a hemp license; 

• failure to provide, or accurately provide, a legal description of the land on which hemp is 

produced; 

• failure to maintain required records; 

• failure to submit complete and accurate information on documents pertaining to hemp 

planted, harvested, sampled, remediated or under investigation; 

• conducting harvest later than the time allowed post sampling without prior approval; and, 

• producing Cannabis with a Total THC concentration of greater than 1.0%, or the 

negligence threshold defined by USDA, whichever is greater, on a dry weight basis. 

A producer who negligently violates this plan three times in a five-year period will be ineligible to 

produce hemp for a period of five years from the date of the third violation. A Negligent violation 

will not be subject to criminal enforcement action by the federal, tribal, state, or local 

government. 

The only Corrective Action Plan the department will consider for hemp testing greater than 2.0% 

Total THC is proper disposal of the entire Lot. 

Culpable Mental State Greater than Negligent Violations 

Violations made with a culpable mental state greater than negligence cannot be mitigated with a 

Corrective Action Plan. The department will notify the respondent, report the respondent to the 

US Attorney General, the Montana Attorney General, and the local law enforcement agency, and 

begin proceedings for suspension of licensure. Findings of a violation greater than negligent will 

result in revocation of licensure. 

Violations that may be considered as greater than negligent include, but are not limited to: 

• Three negligent violations in a five-year period, 

• Failure to disclose a conviction of a felony relating to a controlled substance under state 

or federal law within the past 10 years while possessing a state hemp license, 

• Materially falsifying information pertaining to hemp planted, harvested, sampled, 

remediated or under investigation, and 

• Intentionally, knowingly, or recklessly producing hemp greater than 1.0% Total THC on a 

dry weight basis. 

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10.1 Corrective Action Plans 

The producer shall comply with a department approved Corrective Action Plan (CAP) to correct 

an eligible violation within 30 days of receipt of an approved plan. If the correction cannot be 

completed within 30 days, the producer may request an extension of up to (2) two years from the 

date of the violation. Completion of all approved correction plans must be reported in writing to 

the department or verified via inspection and extended correction plans will include quarterly 

updated (due the first day of each quarter) reporting requirements from the date of the violation 

to completion of the correction. The written completion documentation must include the 

completion date, the status and form of the final product, and the signature of the licensed 

individual or responsible person associated with the licensed business. The department will 

conduct an inspection to determine if the Corrective Action Plan has been implemented as 

submitted. If a subsequent violation occurs while a corrective action plan is in place, a new 

corrective action plan must be submitted with a heightened level of quality control, staff training, 

and quantifiable action measures. Any person whose violation is not corrected as outlined in the 

Corrective Action Plan may have their license(s) suspended or terminated after 30 days written 

notice. Corrective Action Plans must be submitted in writing to the department on a form 

approved by the department within 15-business days of notification of the violation. The 

proposal form must include, but is not limited to: 

• the license holder’s name and license number, 

• the FSA assigned Lot Number, 

• the Lot quantity planted, the Lot quantity harvested, and the Lot quantity of resolution 

material 

• a list of responsible parties, 

• a reasonable time frame in which the resolution will be implemented, 

• all information necessary to prove compliance, 

• the planted Lot location, location of harvested material, and location of the resolution, 

• variety/strain of hemp, and 

• equipment and method used. 

An administrative hearing or informal appeal under Montana Administrative Procedures Act is 

available if a party timely chooses to dispute either the level of violation or the Corrective Action 

Plan Agreement. The department may reinstate the license if good cause is shown, and the 

reinstatement fees are paid. 

All official hemp sample test results and violations will be documented with the respondent 

notified in formal correspondence by email, by USPS mail and/or by USPS certified mail. 

10.2 Disposal and Remediation of Hemp 

Any Lot of hemp that tests above the Acceptable Hemp THC Level from an official sample is noncompliant and must be either properly disposed of or remediated according to department 

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procedures. The level of non-compliant THC test results will determine the options between 

disposal and remediation. All hemp plants and plant parts of a non-compliant Lot destine for 

remediation or disposal must be clearly labeled as such. 

It is the licensee’s responsibility to notify the department, upon notification that a Lot has tested 

above the Acceptable Hemp THC Level, of their decision to either remediate or dispose of the 

non-compliant Lot. 

Disposal 

Any disposal or destruction of hemp, whether voluntary or by order of the department must 

comply with state and federal regulations. The license holder is responsible for assuring the noncompliant hemp plant or plant parts are rendered into a non-retrievable or non-ingestible form 

and is non-viable for further propagation, distribution, or sale. The license holder is also 

responsible for the control and destruction of volunteer plants of hemp not registered under an 

active license. 

Disposal of hemp plants will be required for: 

• a lack of records indicating the hemp was produced by a properly licensed producer or on 

a registered growing site, 

• a lack of control by the license holder, 

• official test results showing a Total THC level that exceeds 2.0% on a dry weight basis, or 

• official test results showing a Total THC level that exceeds 0.3% on a dry weight basis 

without an approved remediation plan. 

The disposal of any hemp Lot must include all plants and plant parts of the Lot. The disposal must 

be conducted either by using a DEA-registered reverse distributor or law enforcement, or on site 

at the farm or hemp production facility. Allowable disposal methods include: 

• plowing, tilling, or disking plant material into the soil; 

• mulching, composting, chopping, or bush mowing plant material into green manure; 

• burning plant material; or, 

• burying plant material into the earth and covering with soil. 

For Lots, plants or plant parts that are required to be disposed of by the department, the 

producer must request approval from the department through submission of a corrective action 

plan. Upon approval, the applicant must perform the disposal accordingly and within the given 

timeframe. To successfully complete the process, the producer must provide pictures or videos 

showing proof of destruction and the Witness Statement form (Appendix F9) signed by the 

license holder and an independent third party verifying the destruction. 

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Remediation 

A Lot of hemp testing above the Acceptable Hemp THC Level and less than 1.0% Total THC, or less 

than 2.0% Total THC if verified by department personnel to be marketed solely as a fiber 

commodity, may be considered for remediation. The remediation of any hemp Lot must include 

all plants and plant parts of the Lot. 

Remediation refers to any process by which non-compliant hemp testing not greater than 2.0% 

Total THC is rendered compliant (≤ 0.3%). Remediation can be achieved by either: 

1. separating and destroying non-compliant flowers including buds, trichomes, “trim,” and

“kief,” while retaining stalks, leaves, and grain or seed; or, 

• Acceptable methods for the removal of non-compliant flowers and floral material 

under this remediation strategy include but are not limited to the removal by hand 

or mechanical equipment, or through retting for solely fiber crops, and the proper 

disposal of as outlined herein while maintaining separation of salvageable stalks, 

leaves, and grain or seed; 

• Seeds removed from non-compliant hemp during remediation shall not be used 

for propagative purposes. 

2. shredding the entire hemp plant including all flowers, buds, trichomes, “trim,” “kief,” 

leaves, stalks, and seed or grain to create a homogenous “biomass”. 

• Acceptable methods for the creation of biomass under this remediation strategy 

include, but are not limited to, the shredding of hemp plants through shredders, 

composters, or specialty mechanical equipment. 

Regardless of the remediation method used, the remediated material must be resampled and 

retested to ensure compliance before entering the stream of commerce. Material that tests 

above the acceptable THC concentration level is non-compliant hemp and must be destroyed 

through one of the disposal options provided herein. Remediated material should be separated 

from any compliant hemp stored in the area and clearly labeled and demarcated as “hemp for 

remediation purposes.” All Lots subject to remediation should be stored, labeled, and 

demarcated apart from each other and from other compliant hemp Lots stored or held nearby. 

Remediated material should not leave the labeled and demarcated area until a test result 

showing compliance with the acceptable hemp THC level is received or until the material will be 

destroyed. 

The licensee is responsible for any inspection, sampling and testing fees related to a hemp Lot 

being resampled. Official re-samples will be tested per the protocol outlined herein. 

On a case-by-case basis, third-party re-sampling and re-testing may be allowed. In the event of 

the use of third-party sampling agents, the producer cannot collect their own samples. 

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See official Remediation Sampling protocol in Appendix A. 

11. Research Institutions - Licensing, Inspection and Sampling 

The department will issue a separate license designated as ‘hemp research’ to research facilities, 

whether the research is conducted by university research institutions, persons growing hemp 

under the direction of a university research institution or by private licensed entities conducting 

research not under the direction of a university research institution. This license will be in 

addition to the standard ‘grower’ license requirement for growing hemp. In the context of this 

license, ‘research’ means “growing hemp in a manner which the resulting hemp may not conform 

to the USDA guidelines in some manner. This includes but is not limited to the use of a pesticide 

not approved for hemp, efforts to lower a cultivar’s THC level through hybridization, or

development of new cultivars which are not from certified seed. Research must be conducted 

with the intent of improving or expanding upon the genetics and/or cultivation practices of 

hemp”.

Application for a research license is not open to the general public and requires a request by the 

applicant for a department review of the research project(s) prior to the department making an 

application available. 

Conditions of a research license include: 

1. the licensed individual will be the principal investigator responsible for the research; 

2. the license application must include disposal procedures for all hemp, both compliant and 

non-compliant, when the research is complete; 

3. the licensed entity may be subject to routine regulatory sampling requirements, including 

the fees required for sampling and testing, unless the entity adopts and carries out an 

alternative sampling method that has the potential to ensure, at a confidence level of 

95%, that the cannabis plant species Cannabis sativa L. that will be subject to the 

alternative method will not test above the Acceptable Hemp THC Level; 

4. the licensed entity must comply with all record keeping requirements for a period of not 

less than 3 years and annual reporting requirements; 

5. all research findings must be reported to the department; 

6. random inspections at a rate of 25% of all research entities licensed annually; 

7. proven and established varieties must be approved by the department before entering a 

non-research phase and entering commerce; 

8. entities that handle “hot” hemp must follow Controlled Substance Act (CSA) requirements 

for handling marijuana; and, 

9. hemp plants and plant parts grown under the premise of a research license: 

• cannot enter commerce; 

• cannot be used for personal use or gain; 

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• can only be grown indoors unless granted an exception from the department; 

• can only be grown with the goal of establishing improved hemp genetics or other 

legitimate purposes approved by the department; 

• must be tracked and reported to the department beginning with the license 

application and throughout the licensing year; and 

• shall be destroyed, other than seed for propagation used for further research and 

potential future genetics. 

10. Exemptions for entities licensed as university research institutions include: 

• license fees; 

• key participants are not required; 

• research project goals may be generalized as long as plant numbers are 

inventoried; 

• hemp can be grown outdoors without permission from the department; 

• hemp can be grown with a goal other than that of establishing improved hemp 

genetics without approval by the department; 

• registration of number of plants can be recorded in acreage for outdoor grows; and, 

• landowner signatures are not required. 

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12. Appendices: 

As referenced on pages 21 through 43. 

Appendix A - Hemp Sampling Guidance 

Table of Contents 

1. Equipment and Sanitation 

2. Sample Timing 

3. Sampling Procedures 

4. Remediation Sampling 

5. Sample Identification 

6. Sample Prep, Storage and Delivery 

7. Hypergeometric Table 

This document outlines the guidance and procedures for the sampling of hemp for testing the 

level of Total THC within Montana’s State Hemp Program to ensure compliance with relevant 

state and federal regulations. Sampling of hemp is completed under authority of the 

Administrative Rules of Montana 4.19.110. 

All hemp producers are subject to a routine annual regulatory inspection to verify that hemp is 

not produced in violation of Montana’s Hemp Program. Producers and varieties or strains 

selected to be inspected and sampled will be as outlined in Montana’s State Hemp Program’s 

Performance-based Sampling Plan. All new producers will be inspected, and all new varieties and 

strains sampled, regardless of Category. All samples are property of the department and will be 

properly disposed of by the State’s testing laboratory according to laboratory procedures.

Each hemp producer is responsible for contacting the department a minimum of 30 days prior to 

harvest, regardless of Category, to confirm actual harvest date and schedule an inspection prior 

to harvest. The inspector will determine the Lots to be sampled and schedule a date and time for 

the inspection. A license holder that requires multiple sampling events (due to extended or 

multiple harvest dates, lack of or incorrect harvest date reporting, or requests for subsequent Lot 

sampling) will be charged additional inspection and sample testing fees, regardless of the 

Category. 

Hemp plants that meet the definition of Hemp Microgreens, Hemp Greens and Hemp Transplants 

are not required to be sampled. Hemp Mother Plants as defined in this plan, not harvested, and 

not entering commerce are not required to be sampled. Different Lots of the same variety/strain 

and the same license holder may be represented by a single sample as long as the variety/strain 

has similar characteristics, growing conditions and harvest window. Post-harvest samples may be 

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taken at the discretion of the department but would be considered for informational purposes 

only and not be recognized as official regulatory samples. Producers are notified of the official 

hemp test results via correspondence that includes the official lab report and options for the 

protocol moving forward based on the test results. The department’s goal is to notify license

holders of official sample test results within 7-business days of sampling. The test results will 

determine the eligibility to transport or process the harvested materials. 

1. Equipment and Sanitation 

The equipment needed for conducting an inspection and the collection of hemp samples are as 

follows: 

• Disposable gloves, nitrile 

• Hemp shears 

• Composite sample bags (breathable paper, approximately 12”x 6”x 4”)

• Tamper-proof security bags 

• Permanent black marker 

• Alcohol wipes (for sanitizing of shears after each composite sample) 

• Forms for documenting the inspection and sampling event 

• Shipping coolers or padded envelopes 

• Ice packs 

Sanitation of equipment is as follows: 

• Clean all sampling equipment with appropriate disinfectant after each composite sample. 

• Change gloves after each composite sample and properly dispose of used gloves. 

2. Sample Timing 

The department’s standard pre-harvest ‘sampling window’ for official samples is within 3 weeks 

(21 days) prior to actual harvest. Although the department realizes the USDA Final Rule allows 

for a 30-day sampling window, the department believes a 3-week sampling window provides for 

a more uniform sampling process and more accurate testing of hemp crops. 

The department may allow, under special circumstances due to resource constraints and/or 

unforeseen weather events or harvest complications, a 30-day post sampling ‘harvest window’ if

requested by the license holder prior to harvest. 

3. Sampling Procedures 

All samples, regardless of variety/strain, category, plant density, growing conditions or harvest 

style will be collected using the principles outlined below and be representative of the Lot 

sampled. 

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1. Prior to sampling, the inspector must review with the license holder all grow locations, 

Lots and Lot Numbers, variety/strain(s), and category(s) to determine sampling 

requirements. For Lots in a different District, the inspector will coordinate with the 

inspector in that area. 

2. Inspector must assure the homogeneity of the Lot before sampling. Any group of plants 

determined, by the inspector during an inspection, to not be uniform within the existing 

Lot must be documented as a new and separate Lot and sampled accordingly. 

3. Samples from separate varieties/strains must be kept separate and not be commingled. 

4. To determine the number and frequency of sub-samples to be collected, the inspector 

must consider Lot size, growing conditions, plant maturity and plant structure. Collect the 

appropriate number of sub-samples to obtain a representative composite sample using 

the Hypergeometric Table in Section 7 as guidance. 

a. The standard minimum number of sub-samples to be collected is 13. If there are 

less than 13 plants, a single cutting from each plant is sufficient to represent the 

Lot. 

b. The standard maximum number of sub-samples to be collected is 30. However, Lot 

representation and composite sample size requirements must be considered. 

c. The department references USDA’s Hypergeometric Table in Section 7 as 

supporting evidence that collecting more than 30 sub-samples does not 

proportionately increase the scientific significance of detection or accuracy. 

5. The standard composite sample size is 75 grams (as collected). 

a. The minimum is 40 grams. 

b. The maximum is 125 grams. 

6. Sample the Lot in an ‘M’ pattern beginning in one corner of the Lot and ending in the 

parallel corner. Multiple ‘M’ patterns may be required if a Lot contains more than one 

field. 

7. Collect random sub-samples at uniform distances throughout the Lot. 

a. Each sub-sample consists of a single cutting of approximately 5” to 8”, with 

consideration of total composite sample size, from: 

i. the top of the main stem for hemp plants grown for grain, seed and/or fiber; or, 

• For a Lot with an end-use of fiber from a variety or strain readily known, 

accepted, and verified to be grown for fiber, this same sampling procedure 

will be used whether the crop is standing live, standing dead (winterretted), or has been cut and is retting in the field. 

ii. the top of the main stem or any lateral branch that extends to the top 1/3 of 

the hemp plant grown for cannabinoids. This composite sample should be a 

proportionate ratio of main stem and lateral branch sub-samples. 

b. Sub-samples must be collected from similarly mature female plants only and should 

not contain material from male, dead, diseased, or injured plants. 

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8. The composite sample must represent the entire Lot. 

9. Deposit the sub-samples into the composite sample paper bag. 

10. Using a permanent marker, ID the composite sample bag and fold over. 

11. Place the composite sample bag into an evidence security bag and ID with permanent 

marker following procedures outlined herein. 

12. Place the security bag in transport cooler with ice packs if necessary. 

Other considerations for sampling include: 

• If plant density is to too thick in an outdoor environment to navigate the ‘M’ pattern

across a large Lot, collect the sub-samples around the perimeter of the field by navigating 

into the field at least 20 feet at random but equal distances around the field. 

• For Lots greater than 100 acres or consisting of multiple fields, the sampling pattern may 

be altered as long as the Lot is consistent in planting date, variety/strain, plant size, plant 

structure and maturity, and harvest window, and the sample is representative of the 

entire Lot. 

• Any deviations from the normal sampling procedure must be noted in the inspection 

documents. 

• Lots grown under the ‘research’ license designation do not require routine official preharvest sampling by department personnel as all research hemp Lots must be destroyed 

and cannot enter commerce. However, if the research licensee wants to retain plant 

material beyond normal harvest and processing timeframes, testing of harvested raw 

material may be required. 

• Post-harvest Sampling - Any Lot harvested without being sampled and without prior 

approval from the department will be recorded as a non-compliance. General sampling 

guidance for any post-harvest sampling include: 

i. If harvest has started but not been completed, collect a single sample of nonharvested material per normal procedures, note the discrepancy and note the 

amended Lot size sampled. 

ii. If the entire Lot has been harvested, collect a single sample from the harvested Lot 

and note as “post-harvest” sample. 

1. Lab results from post-harvest samples will not be considered as official preharvest results and will only be used as informational for enforcement 

purposes. 

2. Post-harvest samples should include the concept of random plants from 

random locations and the “M” pattern of the Lot. 

4. Remediation Sampling 

A licensee who chooses to remediate a Lot of non-compliant hemp must receive approval from 

the department per the protocol outlined herein. Remediated Lots may be either resampled by 

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the department or, with department approval, resampled by a third-party. In the event of the use 

of third-party sampling agents, agents must complete training to the standard set by USDA and 

producers cannot collect their own samples. 

When resampling a Lot remediated by the creation of biomass, the biomass material should be 

collected from various depths, locations, and containers in the labeled and demarcated area to 

collect a representative sample of the material. At minimum, ~750 mL or three (3) standard 

measuring cups of biomass material should be collected. Sampling agents may collect more 

biomass material based on the requirements of the testing laboratory. If ~750 mL of material is 

not available, the sampling agent should collect enough biomass material for a representative 

sample. 

When resampling a Lot remediated by the separation/destruction of non-compliant flowers while 

retaining stalks, leaves, and grain or seed, the sub-samples should be collected from various 

depths, locations, and containers to collect a representative sample of the salvaged material. At 

minimum, collect 40 grams of stalk, leaves or grain/seed. 

5. Sample Identification 

Label the composite sample bag with the sample ID that corresponds with the Lot sampled. The 

sample ID shall include: 

• the four-digit sequential inspection number with the preceding ‘H-’, and 

• the sample letter designation. 

• Example: “H-0001-A”

The security bag should be labeled with the sample ID, inspector initials, and inspection date. 

6. Sample Prep, Storage and Delivery 

The moisture content of samples will vary depending on growing conditions, maturity of plant 

and type of sample. Green, high moisture samples should be placed in coolers on ice as soon as 

possible after the composite sample is collected and prior to leaving the inspection. Dry, low 

moisture samples are not required to be stored on ice or shipped in coolers. Sample shipping 

container options include various cooler sizes, overnight delivery boxes and Tyvek type padded 

shipping envelopes. 

Storage 

Any time samples are stored prior to sending to the lab, samples shall be stored in a locked 

vehicle or a secure room. 

Delivery to the Lab 

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Multiple samples can be contained and shipped in the same package. Due to the distances 

involved, samples will be mailed to the Analytical Lab. The preferred method of delivery is by 

FedEx using the department’s FedEx account, but USPS mailings are allowed as well. The sample 

package should: 

• be sent overnight (particularly for high moisture samples), or 2-day delivery at a 

minimum, 

• arrive at the lab on weekdays only (to assure staff are available for receipt), 

• be tracked using the delivery tracking system, 

• not require insurance or self-certification, 

• as necessary, be contained in a sealed shipping cooler with freshly frozen icepacks, and 

• include: 

o a copy of the original Sample Collection Report, 

o the original Chain of Custody, and 

o as necessary, a return shipping label (for return of the cooler). 

Chain of Custody 

Regardless of storage or delivery options, Chain of Custody measures must be maintained, and 

the proper documentation completed throughout the process. Proper Chain of Custody 

measures include: 

• Tamper-proof security packaging, 

• Proper sample identification, and 

• Samples contained in locked vehicle or locked office space when not occupied. 

7. Hypergeometric Table 

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Examples of plant population (inspectional units) in relation to Lot size: 

• A one-acre field planted at field crop spacing (25 lbs. per acre) has approximately 675,000 plants. 

• A one-tenth-acre field planted at field crop spacing (25 lbs. per acre) has approximately 67,500 plants. 

• A one-acre field planted at horticultural spacing (3’ x 5’) has approximately 3,000 plants. 

• A one-tenth-acre field planted at horticultural spacing (3’ x 5’) has approximately 300 plants. 

• A 20’ x 40’ indoor structure (800 sq. ft.) with plants spaced at 3’ x 5’ has approximately 55 plants.

• A 20’ x 40’ indoor structure (800 sq. ft.) with plants spaced at 2’ x 2’ has approximately 200 plants.

USDA-Montana State Hemp Plan Page 27 of 43 V 1/3/2023 
Appendix B - 2023 Seed/Clone Variety List 

USDA-Montana State Hemp Plan Page 28 of 43 V 1/3/2023 
Appendix C - Sampling Decision Flowchart 

Montana Hemp Sampling Decision Flowchart 

December 8, 2021 

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Appendix D - Montana Hemp Total THC Test Data 

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Appendix E - Corrective Action Plan Options Summary 

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Appendix F - Application and Reporting Forms 

Illustrated for reference on pages 36 through 43. 

F1 - Hemp License Application (Stage 1) 

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F2 - Hemp Planting Report (Stage 2) 

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F3 - Planting Permit certificate 

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F4 - Production License certificate 

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F5 - Annual Hemp Harvest/ Disposal Report 

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F6 - Hemp Sample Lab Report 

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F7 - Witness Statement 

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